Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

26.4.2007:
In an order dated 25.11.2006, we noted the objection of the State to provide for the benefit of
reservation envisaged under the Persons with Disabilities (Equal Opportunities, Protection of rights
and full participation) Act, 1995 (for short ‘the Act’), to the Group-I posts in the Home Department,
and we also noted that whether such an objection is rational or not is a matter to be examined. By an
earlier order dated 27.2.2006, we directed the State to constitute a Committee as envisaged under
Section 13 of the Act, which under the scheme of the Act, is the appropriate body to guide the State
and facilitate continuous evaluation of a comprehensive policy towards solving the problems faced by
the persons with disabilities as mandated by the Parliament. The State took its own time for constituting
the said Committee. In view of the heavy resistance by the Home Department in extending the benefit
of the said Act to the personnel in the Police Department and Department of Fire Services, we opine
that it would be appropriate for the above mentioned Committee to examine the full details and
implications for extending or not extending the benefits under the above mentioned Act in the matter of
recruitment of personnel in the abovementioned two departments.
Though the Committee is constituted, the Committee so far has not taken any decision in this
regard and we are informed by the State and also by the Advocate-members of the said Committee
that the issue is deferred by the Committee in its last meeting held on 26.2.2006. In the circumstances,
the only inference we can draw is that the respondents have no interest in extending the benefits under
the abovementioned Act, to the disabled insofar as the posts in the abovementioned two departments.
Obviously, the respondents ignored the urgency of the matter and also the fact that it is a taken up writ
petition specifically in the context of recruitment to the Group-I posts. The recruitment process,
though commenced quite a few years back, the respondents could not give any valid reason before
the Court for excluding the operation of the Act insofar as the recruitment to the abovementioned two
departments are concerned.
Andhra Pradesh PSC
We do understand the difficulty in employing persons with disability either orthopedic or visual
either in the Police Services or in the Fire Services. However, we are not able to perceive any
difficulty in extending the said benefit insofar as hearing impaired category is concerned, nor does the
state place any material on record to dispel our opinion with reference to the hearing impaired category.
In these circumstances, we declare that the respondents are bound to provide reservation in
accordance with the terms of the abovementioned Act even while recruiting personnel to the Fire and
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